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HomeMy WebLinkAbout96-01307 J J ,~ I ~ I \ \, " / / t-- ~I --.9 ~; >- en c.r, c: ,.: " t.t.IC.. n. -'1'.-1 1.1-.-, .... L ~. ; _ . Yr '.~) (.::') ; I L:./'-'. L:!' ~ .... t_' F- e.; lO. r- .. c.; C'\ .....; '" , ) II, '.' :.1:' , : , (~, , L.. ~; .,~ ''--.J ~ ~ I ~ ~ ~ I j ~ e ~ ~ ~ Q., ~ . " ...., "-J,-' ....~ \J (-., i'~) , ........ '...)'J " 'I'; '--:'> ! -.......... ~ ..u ~ ~ "r') Ir) '" 1) '- ~. - 1'-... .~ ~"" ~~ . _, I \.::.-J 'f"";\ -----.J ~ i ~ ~ I ~ =l f U) ~ ~ ~ ~ 5 ~ 00( Cillo( ..J .,: Q. 0( I- " >- 0( ~ '" z )0 .. IX o ~ ~ ; 1: It ! U1 I- 0 '" z z I:: ~ .. 0( <( ,j ~ . "z J: !!! UI g U ..:l 0 !>J ; CFl . g; ~ ~ tJ !J ~ < ~ S ~ g u .... H. ANTHONY AOAMS ATTORNEY.'" LAW I.?a EAsf "tNO StRtlT, SUITt A SHIPPENSaURG, PA '.'257 '\ J I . - c..1 , L, . .. I: V J It~ - , . , , , - ij: 1'_ y , ,.." ;:;: j -- - I I: " !I \1 'I II II i I ! II I i II Ii PAUL EDWARD GUTSHAll. JR. Plaintiff ) IN THE COURT OF COMMON ) PLEAS OF CUMBERLAND COUNTY. ) PENNSYLVANIA ) ) CIVil ACTION - lAW ) ) NO. 96.1307 CIVIL TERM ) ) IN DIVORCE vs. SHERYl LINN GUTSHAll. Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was tiled on I I March 1996 and was served upon the Defendant on or about 15 March 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree ill divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of/ntention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Coun maintains a list of marriage counselors and that I may request the Coun to require my spouse and I to panicipate in counseling and, being so advised. do not request that the Coun require that my spouse and I pllnicipate in counseling prior to the divorce becoming final. I veritY that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. ; 9/s/1 7 II DATE . 1\ II II !1 ,- i~ c.:: L. , {J'- , , ,-'., r.: ~ . I U. '. l.'.~ l~ V. .- I U C' U ...... <X. :; i:r, C; "'T~ ~ i r~ .:.; lU~,.. '.~ (,!oc ....j~./ f'. ~;" i.i: r,:.\~" ~h 0'\ . .~..) c: ~l'- ." =.J " a.. ;',j~ij L:~f ..::. L.I ...!..... (.'. ~ t5 ,.... a C'\ C I , -- <- ; , , I . , , - '-) c. , . : ~.I I G-: , i" C C i~:: ,.J " (, PI. " H. Anthony Adams, Esquire l28 Edst King street :;uite A Shippensbur9, PA l7257 J . r i .~ ~.: I: i .'3--: I, . j . '._-,_.,..-~. . );",,,1 . 'I ~ .. - I . '~P'~' ,. ,. I I j' \ / ,pt-..--/ i' , , ,. I: . I: '. I~. ._. ....~__.~. ~ , ., -' . Br~dl~y L. Griffie, Esquire ~KIFFIE & ASSOCIA~S 200 North Hanover Street Carlisle, PA 17013 ,',,,\ ',)1_) PAUL EDWARD GUTSHALL, JR., Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA k vs. CIVIL ACTION - LAW SHERYL LINN GUTSHALL, Defendant/Petitioner NO. 96-1307 CIVIL TERM IN DIVORCE AND NOW, this om.. O. COlJ1l.T day of March, 1996, upon presentation and consideration of the within petition for special Relief, IT IS HEREBY ORDERED AND DECREED that the Mother, Sheryl Linn Gutshall, shall retain primary physical custody of the parties' children, namely Paul Edward GutShall, III, born Auqust 21, 1985, Kyler William Gutshall, born June 24, 1987, and Jodi Linn Gutshall, born June 28, 1989. rather shall have periods of temporary physical custody ot the children on the followinq schedule: (a) Every other weekend beginning on Friday evening, March 29, 1996 at 5:30 p.m. until 7:00 p.m. on Sunday, March 31, 1996, and continuinq on alternating weekends tor the same periods thereatter; and (b) One evening per week trom the end ot Father's workday until 7:30 p... on a day to be aqreed upon by the parties during the weekend prior to the beqinning ot that week. It is intended that this Order shall be a temporary custody Order ot Court pending the conciliation on this matter. BY THE COURT, J. vs. - IN THE COURT OF COMMON PLEAS OF ! ,,- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AC'l'ION - LAW PAUL EDWARD CtJ'1'SKAI.L. JR.. p~aintiff/Respondent . . SHERYL LINN CtJ'1'SHAI.L. Defendant/Petitioner NO. 96-1307 CIVIL TERM 1 IN DIVORCE AND NOW, this OJlIlIR O. COtlll.'r day of March, 1996, upon presentation and consideration of the within Petition for special Relier, IT IS HEREBY ORDERED AND DECREED that the Mother, Sheryl Linn Gutshall, sbAll retain priury physical custocly of the parties' chilc1ren, naaely Paul Edward Gutshall, III, born August 21, 1985, ~ler willi_ Gutshall, born June 24, 1987, and Jocli Linn Gutshall, born June 28, 1989. rather shall have pedOC::S of t_porary physical c:ustocly ot the children on the tollowinq schedule: (a) Every other weekend beqinninq on Friday eveninq, Karch 29, 1996 at 5:30 p.m. until 7:00 p.m. on sunday, Karch 31, 1996, and continuinq on alternatinq weekends for the same periods thereafter; and (b) One eveninq plr week fro. the end ot Father's workday until 7130 p.m. on a day to be aqreed upon by the partie. durinq the weekend prior to the b.qinninq of that week. It is intended that this Order shall be a temporary CUstocly Order of Court pendinq the conciliation on this matter. BY THE COURT, J. , , " , ( '" .... ~~ . U'l ~L .... UI '" ..... ~ f:1.... III .. ~~ ... .. ~~ c( .. .. 0 .. .. N U J .. .. :: ~ 'M .:5"'0 .& ..... 0 .. 'oM . , : ,... 0"' · !~~~ ~~ I~ ~Cl UI .. ~ III Z "'_ UI 1 ~ <( WI - Ii .....u cl: .. z .. .. . ~~ 10. . .. z " ~~ all z J: ~ - z .. " .. := ~~ UJ< .. z .. III .. o .. - p:'" III I: .. ... o w !~ . o .. Z II ~;!~~ III 2~ ... .z,j . ~ > 2.... ::H ... 8 ~ z S~ a:: N u ~ ~~~ ~ E-o:::> ~ ~ .....iQ ~uu~~ Cii f.1:::> "'''' VI. IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PAUL EDWARD GUTSIIALL, JR., PlaintiffjRellpondent SHERYL LINN GUTSHALL, DefendantjPetitioner NO. 96-1307 CIVIL TERM IN DIVORCE AND NOW, thill om.. 01' COU.T day of March, 1996, upon pre.entation and conllideration of the within Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED that the Mother, Sheryl Linn G~tshall, shall retain primary physical custody of the parties' children, namely Paul Edward Gutshall, III, born August :iIl, 1985, Kyler William Gutshall, born June 24, 1987, and Jodi Linn Gutshall, born June 28, 1989. Father shall have periods of temporary physical custody of the children on the following schedule: (a) Every other weekend from Friday evening at 5:30 p.m. until Sunday evening at 6:00 p.m., beginning Friday, April 5, 1996 and continuing on alternating weekends for the same periods thereafter; and (b) One evening per week from the end of Father's workday until 7:30 p.m. on a day to be agreed upon by the parties during the weekend prior to the beginning of that week. It is intended that this Order shall be a temporary custody Order of Court pending the conciliation on this matter. BY THE COURT, J. 6. Respondent Petitioner and her February 18, 1996. 7. Despite attempts by the Petitioner to secure some type of appropriate arrangements for the Respondent to see his children and have periods of tsmporary or partial physical custody of the children, Respondent has failed and refused to comply with any requests of Petitioner to develop a routine schedule for the children. 8. Respondent has recently taken physical custody of the children, unbeknownst to the Petitioner, such that the Petitioner returns home from work and finds that the children have been removed from the home without any further explanation from the Respondent as to their whereabouts and as to his intentions of returning the children. 9. The Petitioner has ongoing legitimate concerns as to when and where the Respondent may retrieve or attempt to obtain physical custody of the children, which causes the Petitioner great concern and, further, creates a situation where it is extremely difficult for the Petitioner to go to work at her place of employment each day not knowing what action the Respondent might take with respect to the children while the Petitioner is at work. vacated the ~arital residence, children continue to reside, on where the about or 10. Respondent is employed by his father and has the ability to take time from his workday as he desires such that, at his whim, ha can remove the children from their home without Petitioner's knowledge and has done so as indicated above. 11. Respondent has continued to indicate that sin~e there is no Custody Order, he can and will take the children as he wants, when he wants, without any consultation or consideration tor the fact that the Petitioner is the primary custodian tor the children. 12. As indicated previously, a Complaint tor CUstody has been tiled by the Petitioner, a copy of which is attached hereto and incorporated herein by reterence as Exhibit "A". 13. As indicated in the Complaint for Custody, Petitioner has been the primary custodian tor the children since their birth. 14. Petitioner has been willing to cooperate with Respondent and has attempted to maintain some type of relationship with the Respondent that would allow him to tollow a pattern ot periods of temporary physical custody with the children which would be in the children's best interest. 15. Respondent has tailed and refused to cooperate with the Petitioner in securing an appropriate schedule tor periods ot temporary physical custody of the children. 16. Petitioner believes and, therefore, avers that the Respondent will continue to remove the children from their home, at his whim, without any prior notification or contact with the Petitioner, which will be to the children's detriment. v. IN THE COURT OF COMMON PLEAS OF ~~BERLAND COUNTY, PENNS~LVANIA CIVIL ACTION - LAW PAUL EDWARD GUTSKALL, .JR., Plaintiff/Defendant SHER'lL LINN GtJTS HALL , DefendAnt/PLAintiff 1996-1301 CIVIL TERM IN CUSTODY COMPLAINT FOR ~JSTOOY 1. The PLAintiff herein is Sheryl Linn Gutshall, the Defendant in the Aoove captioned divorce action, and an adult individual currently residinq at 348 Hilltop Road, Newburq, cumberland County, Pennsylvania. ~. The Defendant herein is Paul Edward Gutshall, the Plaintiff in the above captioned divorce action, and an adult individual currently residinq at 107 Carlisle Road, CUmberland cou~ey, Pennsylvania. 3. The Plaintiff is the natural .other ot the chilclren, Paul Edward GutShAll, III, born Auqust 31, 1985, Kyler Williaa Gutshall, born June 34, 1981, Jodi Linn Gutshall, born June 38, 1989: The children vere not oorn out of wedlock. Por the past five years, the children have resided with the tollovinq persons at the tOl1owinq addresses tor the following periods of ti.e. lfA.tm AODRESS .DAD Sheryl L. Gutshall Paul B. GutShall, Jr. 348 Hilltop Road, Newburq. PA Prior to Mar. 1991 - Fab. 1994 Sheryl L. Gutshall 348 Hilltop Road Nelolburq, PA FeD. 1996 to Present The natural =other ot the chil~ren is Sheryl L. Gutshall, who re.ide. .. .toresaid. She is married. The natural tather of the children is Paul E. Gutshall. Jr.. who re.ides as atore.aid. He is aarried. 4. The relationship ot the Plaintitf to the chil~ren is that ot natural mother. The Plaintift currently resides with the children. 5. The relationship ot the Detendant to the children is that of natural tather. The Detendant currently resid.. alon.. 6. Plaintitf has not participated as a party or witn.ss, or in any other capacity in other litiqation, concerninq custody ot the children. 7. Plaintift h&. no info~tion of ~ concerninq the children pendinq in any C:~nve.lth. 8. The best intere.t and pe1"lUnent veltare ot the children will be served by grantinq the reUet requested because: eal Mother has been the prilllary custodian of the childr.n since their birth: (bl rather has vacated the fOJ:1ler marital residence by his choice and .oved into a one bedroo. apartment, which does no~ provide sufficient roo. to acco..odate extended period. of tiae wlth the chlldren or appropriate Sleeping arranq..ent. for the children; cu.tody C:ourt proceed1nq of this (c) Father has taken action. including introducing the children to his qirltriend immediately atter separation, which is no~ in the best eactional and .ental interest ot the children/ and Cd) Mother has and will continue to provide the priaary care, cus~ody and control tor the children. 9. Plaintitt doee not know ot any person not a party to the proceedings wbo claiaa to bave custody or visitation riqhts with rupec:t to the children. IIDIUlFOU, Plain~itt requests your Honora1:lle Court to se~ a tta. and place tor a hearinq at whicb tiae Plaintitf requests the CaVort qrant her priury pbysical custody ot the children. Reepecttully eubaJ.ttecS, GlUnn '* AS$OCL\TU I VERIFY THAT THE STATEMDI'1'S MADE IN THE FOREGOING COIG'IADI'l ARJ: TRO'I: AND CORRJ:CT. I UNDERSTAND THAT rALSE STA'l'EKEH'rS sru~ MADI ARJ: SUIlJICT '1'0 THE PENALTIES or 18 PA.C.S. SECTION 4104 DIATING '1'0 tnfSWORH FALSIFICATION '1'0 AtlTHORITIES. DAft : .:/J1 /9 to I ( ~~I~.JJkjL Sl1tRY LINN GTJ'l'SHALL PAUL EDWARD GUTSHALL, JR., Plaintiff/Respondent VB. IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-1307 CIVIL TERM IN DIVORCE SHERYL LINN GUTSHALL, Defe~dant/Petitioner AND NOW, this ORD.. or cou.'1' day of March, 1996, upon pre.entation and consideration of the within Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED that the Mother, Sheryl Linn Gutshall, .hall retain primary physical custody of tile partie.' children, namely Paul Edward Gutshall, III, born August 21, 1985, Kyler William Gutshall, born June 24, 1987, and Jodi Linn Gutshall, born June 28, 1989. 'ather shall have periods of temporary physical custody of the children on the following schedule: eal Every other weekend trom Friday evening at 5:30 p... until Sunday evening at 6:00 p.m., beginning Friday, April 5, 1996 and continuing on alternating weekends tor the same periods thereatter: and eb) One evening per week trom the end of Father's workday until 7:30 p.m. on a day to be agreed upon by the parties during the weekend prior to the beginning ot that week. It is intended that this Order shall be a temporary CUstody Order ot Court pending the conciliation on this matter. BY THE COURT, J. 6. Respondent Petitioner and her rebruary 18, 1996. 7. De.pite attempts by the Petitioner to secure some typ. of appropriate arrangements for the Respondent to see his children and have periodS of temporary or partial physical custody of the children, Respondent has tailed and rsfused to comply with any requests ot Petitioner to develop a routine schedule tor the children. 8. Respondent has recently taken physical custody of the children, unbeknownst to the Petitioner, such that the Petitioner returns home from work and finds that the children have been removed trom the home without any turther explanation from the Respondent a. to their whereabouts and as to his intention. of returning the children. 9. The Petitioner has ongoing legitimate concerns as to when and where the Respondent may retrieve or attempt to obtain phys~cal custody of the children, whi~h causes the Petitioner great concern and, further, creates a situation where it is extremely difficult for the Petitioner to go to work at her place of employment each day not knowing what action the Respondent might. take with respect to the children while the Petitioner i. at work. vacated the marital residence, children continue to reside, on where the about or 10. Respondent i. employed by hi. father and has the ability to take time from his workday as he desires such that, at his whim, he can remove the children from their home without Petitioner's knowledge and has done so as indicated above. 110 Respondent has continued to indicate that since there is no custody Order, he can and will take the children as he wants, when he wants, without any consultation or consideration for the tact that the Petitioner is the primary custodian tor the children. 12. As indicated previously, a Complaint tor CUstody has been tiled by the Petitioner, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 13. As indicated in the Complaint tor CUstody, Petitioner has been the primary custodian tor the children since their birth. 14. Petitioner has been willing to cooperate with Respondent and has attempted to maintain some type ot relationship with the Respondent that wo~ld allow him to tollow a pattern ot periods of temporary physical custody with the children which would be in the children's best interest. 15. Respondent has failed and refused to cooperate with the Petitioner in .ecuring an appropriate schedule tor periods of temporary physical custody ot the children. 16. Petitioner believes and, therefore, avers that the Respondent will continue to remove the children from their ha.., at his whim, without any prior notification or contact with the Petitioner, which will be to the children's detriment. PAUL EOWUO CiUTSH.\U,. JR.. Plain~itt/Oet.ndane IN THE COURT or COMMON PLEAS OF ~~B!RLAHO COUNTY. PENNS1LVANIA v. CIVIL ACTION - t.AW SHDt'tt UNN Cit:'t'SHA.U. 1996-l307 CIVIL TIM Cetencs.n1:/Plai.ntitt : IN CUSTOOY COMP~t~ 'OR CUSTOOY 1. The Plain1:i!! herein is Sheryl Linn CiU1:shall, the Oetendanc in the &bove capcioned divorce accion, and an adult individUAL ~ently reaidinq at 348 Hill1:Op Road, Newburq, CUaDerland Coun1:y, Pennsylvania. 3. The Detendant herein is Paul Edward Ciutshall, the 'lainti!f in the &bove captioned divorce action, and an adult individUAL currently resldinq at 107 Carlisle Road, CUmberland Cou~ey, Pennsylvania. 3. 't'be PlaJ.nUU h the natural _ther ot the children, Paul Edward Gutshall, III, born Auqust 21, 1985, ~yler Willi.. Gutshall, !lorn June 34, 1987, Jodi IJ.M Gutshall, born June ZI, 1919 : The children were noc born out of wedlock. Por the past five yurs, the c:bildren hAve resided with the tollovinq persona at the tollowinq addresses tor the tollowing periodS ot 1:iae. .. !. 1WlZ ADDRESS 348 Hilltop Road, Nevbl.1rq, PA JJ6D Sheryl L. Gutshall Paul I. Gutshall, Jr. Prior to MAr. 1991 - PeD. 19" Sheryl L. Gutshall 348 Hill1:op Road Nevburq, PA reD. 1996 to Present Th~ nat~~al ~Qthe~ or the chil~r.n ~~ Sher(l ~. GU:Sh4ll, who re.ides .. .rore~ai~. She i. aarried. The natural ~ather o~ the children i. ?aul t. Gutshall, J:., who re.i4.. .s .~ores.i4. He is ..rried. 4. The relationship or the Pl.intir: to ~e chilaren is that ot natural sother. The Plaintiff currently resides with the c:nJ.ldren. 5. The relationship or the Defendant to the children is tAat ot Natural lather. The Defendant c:un'ently reside. alone. S. Pl.intit~ has not participated as . party or witn..., or in any other capacity in other litiqation, concerninq custody at the c:hildnn. 7. PlaintiU ua no intonlAtion of a ~tody proc.~I"9 CClftCem1nq the children ~1nlJ 1ft uy C~ of tlUs Co.aanvul t:h. .. '1'he ~t 1nterest and penaanut vel~are o~ the children will be .erved by qrantiftCJ the relief requested because: (al Mother has been the pri:&&ry Clatodian or the children sinc:e their birth: (b) rather has vacated the ~OBer _ribll res1dence by hi. c:h01ce and ~ed into & one bedrooa &p&raent, which doe. not prov14e .u~~1cient rooa to &cco..odate extended periods o~ tt.e with the children or appropr1&te sleepinq arranq..ents tor the chllc1ren : ee) 'ather has taxen actian, includinq introd~cinq the children to his qirltriend immediately atter separation, which is not in the best .actianal and .ental interest ot the Children; &nd (e1) Itother has and vill continue to provide the priaAry car., custody and control tor the cbildren. 9. Plaintitt e1oe. not know ot any person not a party to the proceedinq_ who cla1as to bave custody or visitation riqhts with rupec:t to the ehJ.l4ren. ....~U, 'laintiff r~.u your Honorable c:ourc to Mt a U.. and place for a beariDq at vtUcb tiaa Plaindff nquuea the ~ gnnt: hu prUuy phytlic:al cuRocSy of the cb.1lclren. ...pec:ttu11y .ub&J.t~, c:JUJ'J'IZ , ASSClCIAftS I . . tt ., re tor Plau!titf North Hanover Stre.t ~Carllsle, pennsylvania 17013 (717) ~43-5551 I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING C:OMPLAINT AU 'rRtI'Z AHD C:OlUllc:r. I tnfODSTAHD THAT FALSE STATEKJ!:N'l'S 1W111r?If 1fAIl. AU SOBJJ:c:r TO '1'HB PZN.U.1'IES or 18 'A.C.S. SECTION 4104 RBLA'l'IHG 't'O tnfSlfCllIH rALSInCA'l'ION TO AtlTHORITI!S. DAn: ..3/J') J'J Ie I I J~ J /7.;/ ~~l~./JJd.L ~i:I"NN GOTSHALL 'AUL EDWARD GUTSHALL, JR., 'laintitt/Re.pondent IN THE COURT or COMMON PLEAS 0' CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 96-1307 CIVIL TERM IN DIVORCE SHJ:RYL LINN GUTSHALL, Detendant/Petltioner OaD.. o. con'! AND NOW, thia day at Marcn, 1996, upon pre.entation and consideration ot the within Petition tar Special Reliet, IT IS HJ:REBY ORDERED AND DECREED that the Mother, Sheryl Linn Gutshall, shall retain primary physical custody ot the parties' children, n..ely Paul Edward Gutshall, III, born Auqust 21, 1985, Kyler Willlaa Gutshall, born June ~4, 1987, and Jodi Linn Gutshall, born June ~8, 1989. rather shall have period. at temporary physical custody ot th. children on th. tollovinq schedule: (e) Every other weekend troa Friday eveninq at 5130 p... until Sunday eveninq at 6:00 p.m., beqinninq 'riday, April 5, 1996 and cont!nuinq on alternatinq weekends tor the s... periods thereatter; and (b) On. eveninq per week tram the end ot 'ather'. workday until 7:30 p... on a day to be aqreed upon by the partie. durinq the veekend prior to the beqlnninq ot that week. It is intended that this Order shall be a temporary CU.tody Order ot Court pendinq the conciliation on this matter. BY THE COURT, J. PAUL EDWARD GUTSHALL, JR., Plalntltt/Re.pondent : IN THE COUR~ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NO. 96-1307 CIVIL TERM : IN DIVORCE SHERYL LINN GUTSHALL, Detendant/Petltioner .BTITIO. PO. 8PBCIAL RlLIBr .URSU~ ~ Pa.R.C.P. MO. lll!.1] AND NOW, comes Petitioner, the above named oetendant/Petitioner, Sheryl Linn Gutshall, by and throuqh her counsel ot record, Bradley L. Grittie, Esquire, and petitions the Court as tollows: 1. Your Petitioner is Sheryl Linn Gutshall, the Plaintitt in an action tor custody, which va. tiled to the above docketed number. 2. Your Respondent is Paul Edward GutShall, Jr., the Detendant to a custody action filed by the Plaintiff to the above docketed number. J. Your Petitioner is an adult individual currently residinq at 348 Hilltop Road, Newburq, CUmberland Pennsylvania. County, 4. Your Respondent is an adult individual currently residinq at 107 Carlisle Road, Newville, CUmberland County, Pennsylvania. 5. The parties are the natural parents of Paul Edward Gutshall, III, born Auqust 21, 1985, Kyler Willlam GutShall, born June 24, 1987, and Jodi Linn Gutshall, born June 28, 1989. 6. Re.pondent Petitioner and her February 18, 1996. 7. Daspite attempts by the Petitioner to secure some type ot appropriate arranqements tor the Respondent to see his chl1dren and have periods at temporary or partial physlcal custody ot the children, Respondent has tailed and retused to comply with any requests ot Petitioner to develop a routine schedule tor the children. 8. Respondent has recently taken physical custody ot the children, unbeknownst to the Petitioner, .uch that the Petltioner returns home trom work and tinds that the children have been removed trom the home without any turther explanation trom the Respondent as to their whereabouts and as to hls intentione ot returninq the children. 9. The Petitloner has onqoinq leqitlmate concerns as to when and where the Respondent may retrleve or attempt to obtain physical custOdy ot the children, which causes the Petitioner qreat concern and, turther, creates a situation where it is extremely ditticu1t tor the Petitioner to qo to work at her place ot employment each day not knowinq what action the Re.pondent miqht. take with respect to the children while the Petitioner is at work. vacated the marital resldence, chlldren continue to reside, on where the about or 10. Respondent is employed by his tather and has the ability to take time trom his workday as he desires such that, at his whim, he can remove the children trom their home wlthout Petitloner'8 knowledge and has done sa as indicated above. 11. Respondent has continued ta indicate that since there i. no CUstody Order, he can and will take the children as he wants, when h. wants, wlthout any consultation or consideration tor the tact that the Petltioner is the prlmary custodian tor the children. 1~. As lndicated previously, a Complaint tor custody has been tlled by the Petitloner, a copy ot whlch is attached hereto and incorporated hereln by reterence as Exhiblt "A". 13. As indicated in the Complaint tor CUstody, Petitianer has been the prlmary custodian tor the children since their birth. 14. Petitioner has been willinq to cooperate with Respondent and has attempted to maintain .ose type ot relationship with the Respondent that would allow him to tollow a pattern of periods ot temporary physical custody with the children which would be ln the children's best interest. 15. Respondent has tailed and refused to cooperate with the Petitioner in .ecurinq an approprlate schedule tor periods ot temporary physical custody ot the chlldren. 16. Petltioner belleves and, therefore, avers that the Respondent wl1l continue to remove the children trom thelr home, at his whim, without any priar notiticatian or contact with the Petiti~ner, whlch will be to the children's detriment. PAUL EOWARD CUTSKAtJ., JR., PLaineiff/Detendane v. IN THE COURT or COIOlON Ii'tzAS or ~~aERLAND COUNTY, Ii'ENNSYLV~~IA CIVU. ACTION - tAW 1996-l307 CIVI~ TERM IN CUSTODY SHERYL LlNN CL~SHALL, Defendant/Plaintitt . . COMP~!NT FOR euSTOOY 1. The Plainti!t hereln is Sheryl Linn Cutshall, the Detendant in the Above captloned divorce action, and an adult in4ividual currently resldinq at 348 Hilltop Road, Newburq, CUmberland County, Pennsylvania. 2. The Detendant herein is Paul Edward GutShall, the Plaintitt in the above captioned divorce action, and an adult individual currently re.idinq at 107 Carlisle Road, CUmberland cou~ty, Pennsylvania. J. The Plaintitt is the n<<tural acther of the cbllclren, Paul Edvard Gutshall, III, born Auqust ~l, 1985, ~yler Willi.. Gutshall, born June 24, 1987, Jodi tJ.M Gutshall, barn JW\e 28, 1989 : Th. children were not born aut ot wedlock. Par: the past five years, the children have r.sided with the tollovinq persons at the tOllovinq addr.sses for the tollovinq periodS ot ttae. . ~. &tIE ADORESS .QAD Sheryl L. GutShall Paul I. Gutshall, Jr. 348 Hilltop Road, Newburq, PA Prior to Mar:. 1991 - 'c. 1996 Sheryl L. Gutshall 348 Hilltop Road Nevburq, PA FeD. 1996 to Present The natu:~l ~othe: ot the children is She~/l L. Gu~shall. who resides AS atoresaid. She is married. The natural tather ot the children is Paul E. Gutshall. Jr., who re.id_ AS atoresAiel. He is _rried. 4. The relatiansnip ot the P1aintit: to the cnildren is that ot natural mother. The plAintitt currently reside. ~ith ~~e children. 5. The relationship ot the Defendant to the children is that ot natural taUer. The Detendant currently reside. alone. 6. Plalntitt has not participated as a party or wltness, or in any other capacity in other litiqation, concerninq custody of the children. 7. Plaintift u. no into~tion ot a concernJ.nq the cbild.ren pendinq in. U'/ Co_nvealth. 8. The be.t interest and pe~ent weltare at the cbilclren vill ~. served ~y qrantinq the relief requested ~ecause: CA) Mother has been the pri2ary custodian ot the cbildren sinc:e their birth: (~) rather h.. vacated the toraar marital r.sielence by his choice and moved into a one b4droom apartment, which doe. not provide sutticient room to accoaaodate extended periods ot tiae with the children or appropriate sleepinq arranq..ents tor the chil4ren : custody Co\U'1:: proceed.Lnq of this (e) 'ather has taxen action. inc1udinq introducinq the children to his qirltriend immediately atter separation, whlch ls not in the best aaotional and ..ntal int.re~t ot the children; &nd (e1) Mother has and wl1l contlnu. to provide the priaary care, custody and control tor the children. 9. Plaintitt doe. not know ot any person not a party to the proceedinq. who claias to have custody or vlsitation riqhts with rupec;t to the dUl4ren. 1IBDD'OU, Plaintiff I'aqwa.e. your BoftOl'Ule C:OQR to Nt a tt.. aDll place fol' . beariDq at vtl1c:h t1ae Plaintiff nquuea the ~ qnnt ber PI'Uuy physical c:uatody of the c:h.114ren. ...pec:tlully .ub&J.t:~, cazRn , ASS~a'1'a t e, tor Plaintiff North 8&nover Street Carlisle, Pennsylvania 17013 (717) ~43-!S551 I VERIFY THAT THE STA'J:~S HACE IN THt FOREGOING C:OMPLADI'r ARB TRUE AND C:ORREc:r. I tnfOUSTAHD THAT FAtSI!: STATEKEHTS R1!1tUlIf KADIi ARB St1BJJ:c:r TO '1'HB PENALTIES or 18 PA.C.S. SECTION 4904 RBU.'l'IHG TO tnfSlfCllIH rALSIFICA'l'ION TO Atl'l'HORITI!S. DAn: ~h~J'J0 ~';"~-JJkIL SHERY LINN GOTSHALL PAUL EDWARD GUTSHALL. JR., plaintitt/Reapondent IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 96-1307 CIVIL TERM IN DIVORCE va. SHJ:RYL LINN GUTSHALL, oetendant/Petltloner oan.. o. CX)9~ AND NOW, thia day ot March, 1996, upon pre.entation and con.ideratlon of the within petition tor special RelleZ, IT IS HEREBY ORDIRID ANO DECRIED that the Mother, Sheryl Linn Gutshall, shall retain primary physical custody at the partie.' children, namely Paul Edward Gutshall, III, born Auqust 21, 1985, Kyler Wllliam Gutshall, born June 24, 1987, and Jodi Llnn Gutshall, born June 28, 1989. 'ather shall have periods ot temporary physical custody of the children on the followinq schedule: (a) Every other weekend from Frlday eveninq at 5130 p... until Sunday eveninq at 6:00 p.m., beqinninq Friday, April 5, 1996 and continulnq on alternatinq weekends for the .... periods thereatter; and (b) One eveninq per week trom the end of Father'. workday until 7:30 p.m. on a day to be aqreed upon by the partie. durinq the weekend prior to the beqinninq ot that week. It is intended that this Order shall be a temporary custody Order of Court pendinq the conciliation on this matter. BY TllE COUR'l', J. PAUL EDWARD GUTSHALL, JR., Plaintitt/Re.pondent IN THE COURT OF COMMON PLEAS 0' CUMBERLAND COUNTY, PENNSYLVANIA . . vs. CIVIL ACTION - LAW SHERYL LINN GUTSHALL, Detendant/Petitloner NO. 96-1307 CIVIL TERM IN DIVORCE .B~I~IO. roa ...CIAL RBLIBr ~aasu~ TO .a.R.C.P. MO. 191!.13 AJrD NOW, comes Petitloner, the above named Detendant/Petitioner, Sheryl Linn Gutshall, by and throuqh her counsel ot record, Bradley L. Grlttie, Esquire, and petitions the Court as tollows: 1. Your Petitioner is Sheryl Linn Gutshall, the Plaintitt in an action tor custody, which was tiled to the above docketed nUlllber. 3. Your Respondent is Paul Edvard Gutshall, Jr., the Detendant to a custody action tiled by the Plaintitf to the above docketed nUlllber. 3. Your Petitioner is an adult lndividual currently residinq at 348 Hilltop Road, Newburq, CUmberland Pennsylvania. county, 4. Your Respondent ls an adult individual currently residinq at 107 Carllsle Road, Newville, CUmberland County, Pennsylvania. 5. The parties are the natural parents ot Paul Edward GutShall, III, born Auqust 31, 1985, Kyler William GutShall, born June ~4, 1987, and Jodi Linn Gutshall, born June 28, 1989. " vacated the marital residence, children continue to reside, on where the about 6. Reepondent petitioner and her 'ebruary 18, 1996. 1. oespite attempts by the Petitioner to secure some type ot appropriate arranq.ments tor the Respondent to see his chlldren and have periods ot temporary or partlal physical custody ot the chl1dr.n, Respondent has tailed and retused to comply with any requests ot Petitioner to develop a routine schedule tor the chl1dren. 8, Respondent has recently taken physical custody ot the children, unbeknownst to the Petitloner, such that the petitioner returns home trom work and tinds that the children have been removed trom the home without any turther explanation trom the Respondent ae to their wherea~oute and as to his intentione ot returninq the children. 9. The petltioner has onqoinq leqltimate concerns as to when and where the Respondent may retrieve or attempt to obtain physical custody ot the children, which causes the Petitioner qreat concern and, turther, creates a situation where it is extremely ditticult tor the petitioner to qo to work at her place of employment each day not knowinq what action the Respondent miqht. take with respect to the children while the petitioner is at work. or 10. Respondent is employed by his tather and has the ability to take time trom his workday as he desires such that, at hls whlm, he can remove the children trom their home without Petitioner'S knowledqe and has done sa as indicated above. 11. Respondent has contlnued to lndlcate that since there is no custody Order, he can and will take the children a. he wants, when he wants, without any consultation or consideration tor the tact that the Petitioner ls the primary custodian tor the chl1dren. 12. As lndicated previously, a Complaint tor CUstody has been tlled by the Petitioner, a copy ot which is attached hereto and incorporated hereln by reterence as Exhibit "A". 13. As indicated in the Complaint tor CUstOdY, Petitioner has been the primary custodlan tor the children slnce their birth. 14. Petitioner has been willinq to cooperate with Respondent and has attempted to maintain some type of relatlonship vith the Respondent that would allow him to tollov a pattern ot periods of temporary physical custody with the children Which would be in the chlldren's best interest. 15. Respondent has tailed and retused to cooperate with the Petitioner in securinq an appropriate schedule tar periods of temporary physical custody ot the children. 16. Petitioner believes and, therefore, avers that the Respondent will continue to remove the children from their bom., at his Whim, vithout any prior notiflcatian or contact with the Petltloner, vhich will be to the children's detrlment. v. 1/4 THE COI.'RT OF CO~ON PtL\S OF ct"MBERU1'ID COI.'NTY, PENNS'(LVA.'l'1A Ct'l1:L ACTION - LAW 1996-1307 CI'l1:L TE~~ IN CUSTODY PAUL EOWARD CUTSHALL. J'R.. Plaintitt/Oetendant SHERYL UNN Gtl't'SKALL, Oatend&nt/Plain~itt COMP~!~ FOR CUSTOOY 1. The Plaintitt heruin is Sheryl Linn Gu~shall, the Oatendant in the above captioned dlvarce action, and an ad~lt individ~al ClUTently r_icHnq at 348 Hilltop Road, Newburq, CWaberland County, Pennsylvania. %. The Oatendant hereln is Paul Edward Gutshall, the Plaintite in the above captioned divorce action, and an adult individual currently re.ielinq at 101 Carlisle Road, CUaberl&nd Cou~ty, Pennsylvania. ]. The Plaintiff b the natural .other ot the c:hi14ren, Paul Edward Gutshall, III, born Auqust %1, 1985, Kyler Willi.. GutsU1I, born June 24, 1987, Jodi Linn GutSbAll, born June ~8, 1989: The children were not barn a~t at wedlock. POI' the past five yurs, the children bave resided v:1th the tol1oving persons at the tallowinq addresses tor the tollovinq periods at tiae. . ~. t!!.B ADDRESS 348 Hilltop RO&d, Newburq, PA ~ Sheryl L. Gutshall 'aul I. Gutshall, Jr. Prior to Mar. 1991 - reb. 1996 Sheryl L. Gutshall H8 Hilltop ROAd Newburq, PA Peb. 1996 to Present The nat~ral ~oth.r of the children is She~/l L. Cutshall, who resldes as aforesaid. She is ~arried. The natural tather ot the children is Paul E. Cutshall. Jr., who re.ldaa as atore.aiel. He i. married. 4. The relationship ot the Plaintiff to the chl1dren is that ot natural mother. The Plaintitt currently resides with the chUdren. 5. The relationship ot the Detendant to the children is that ot ll4ltural tather. The Detendant currently reside. alone. 6, Plaintitt has not participated as a party or witness, or in any other capacity in other litiqation, concerninq custody ot the children. 7. Plaint1tt ba. no intoraation ot a CWltocly concerninq the children pendlnq in any COuR c:oaaonve.lth. .. The bast interest and peraanent weltare ot the children will be served by qrantinq the reliet requested because: (al KotheI' Itas been the priaary custodian of the cbilclren since their birth; (b) rather has vacated the tORUO ..rial residence by hi. choice and moved into a one bedroom apartllent, which does not provide sutticient room to accommodate extended periods ot tiae with the children or appropriate sleepinq arranq..ents tor the cbilclren f proc:eedinq ot tbJ.. ee) 'ather ha. taken action, includinq introducinq the children to his qirltriend lmaedlately atter separation, wnich ls not in the best aaotional and .ental inte~e.t ot the Children; and (d) Mother has and will contlnue to proviele the priaary care, custody and c~ntrol tor the children. 9. Plaintitt doe. not knov ot any person not a p&rty to the proceedinq. who claias to have custody or visitation riqhts with ~ to the cbll4ren. WIIDD'OU, Plaintift reque.ts your Honorable courc to Mt a tiM and place tor a beariDq at wbicb tiaa Plaindft requeats the c:ow:t gnnt her prUuy phydc:a1 c:uRody ot the cbl1clren. ...~ly .ub&J.t~, caIJ'J'IZ , ISS<X'tA'ftS tt e, tor Plai.rlt:ltf North 8&l\OVer Street ~Carlisle, Pennsylvania 17013 (717) ~43-!S!S!S1 I VERIFY THAT THE STATUlENTS MADE IN THE I'OREGOING C:OKPLADI'f AU TRtJ1I: AHD CORRECT. I trNODSTAHD THAT FALSE STA..~S 1nPII~ IIADII AU St1BJECT TO THE PENALTU::S or 18 PA.C.S. SECTION 4104 RBLA'l'IHG TO tnfSlfClIIH rALSlnCATION TO ACTBORITIES. DAn: 3./J~J'J1e ~~1~.JJWL SHERY "fJ LINN GOTSHALL r. l r' vs. IN THE COURT or COMMON 'LEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-1307 CIVIL TERM IN DIVORCE PAUL EDWARD GUTSHALL, JR., Plaintitt/Respondent SHERYL LINN GUTSHALL, Defendant/Petitioner oe.. o. COUJl'l' AND NOW, this day ot March, 1996, upon presentation and consIderation ot the within Petitlon tor Special Reliet, IT IS H!RIBY ORDERlD AND DECRIED that the Mother, Sheryl Linn Gutshall, shall retain primary physical custody ot the parties' children, na..ly Paul Idward Gutshall, III, born Auqust 21, 1985, ~ler Willi.. Gutshall, born June Z4, 1987, and Jodi Linn Gutsball, born June ~8, 1989. rather shall nave perlods ot te.porary physical custody ot the chil~ran on the follovinq schedule: (a) Every other weekend tro. rrIclay eveninq at 5130 p... until Sunday sveninq at 6100 p..., beqinninq rriday, April 5, 1996 and continuinq on alternatinq weekends tor the .... perIods thereafter: and (b) One evenlnq per week tro. the end of rather's workday until 7:30 p... on a day to be aqreed upon by the parti.. durinq the weekencl prior to the beqinninq of that week. It is intended that this Order shall be a te.porary CUstody Order ot Court pendinq the conciliation an this matter. BY THE COURT, J. PAUL EDWARD GUTSHALL. JR., Plaintitt/Respondent IN THE COURT 0' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. CIVIL ACTION - LAW SHERYL LINN GUTSHALL, DetendantjPetitioner NO. 96-1307 CIVIL TERM : IN DIVORCE '.~I~IO. .0. .paCIAL "LIB' ~~ ~ Va.a.C... MO. ltl!.1] AND NOW, comes Petitioner, the atlove nAllled DetendantjPetitloner, Sheryl Linn Gutshall, by and throuqh her counsel ot record, Bradley L. Grittle, Esquire, and petltions the Court as tollows: 1. Your Petitloner is Sheryl Linn Gutshall, the Plaintitt in an action tor custody, which was tiled to the above docketed nUlll!ler. a. Your Respondent is Paul Edward Gutshall, Jr., the Defendant to a custody action tiled by the Plaintift to the above docketed number. 3. Your Petitioner is an adult individual currently re.idlnq at 348 Hilltop Road, Newburq, CUmberland County, Pennsylvania. .. Your Respondent is an adult individual currently residinq at 107 Carlisle Road, Newvl11e, CUmberland County, Pennsylvania. 5. The p&rties are the natural parents ot Paul Edward Gutshall, III, born Auqust 31, 1985, Kyler william GutShall, born June 24, 1987, and Jodi Linn Gutshall, born June ~8, 1989. 6. Respondent Petitioner and her February 18, 1996. 7. Despite attempts by the petltioner to secure some type of approprlate arranqements tor the Respondent to 8ee his chlldren and have perlods of temporary or partlal physlcal custody ot the children, Respondent has falled and retu.ed to comply with any requests ot Petitioner to develop a routine SChedule for the children. 8. Respondent has recently taken physical custody ot the children, unbeknownst to the Petitioner, s~ch that the Petltioner return>> home tro. work and finds that the children have been removed trom the ho.e without any turther explanation trom the Re.pondent as to theiz whereabouts and a. to hi. intention. of returninq the chl1dren. 9. The Petltioner has onqoinq leqitlmate concerns as to when and where the Respondent may retrieve or attempt to obtain physical custody ot the children, which causes the Petitioner qreat concern and, turther, creates a situation where it is extr..ely difticult for the Petitioner to qo to work at her place of ..ployaent each day not knowlng what action the Re.pondent miqht. take with respftct to the chl1dren while the Petitioner i. at work. vacated the marital residence, children continue to reside, on where the about or 10. Re.pondent is employed by his father and has the ability to take time trom his workday as he deslres such that, at his whim, he can remove the children trom their ho.e without Petitioner'. knowledqe and has done so as indicated above. 11. Respondent has continued ~o lndicate that slnce there is no custody Order, he can and will take the chl1dren as he wants, when he wants, without any consultation or conslderatlon tor the tact that the Petitioner ls the primary custodian tor the children. 12. As indicated previously, a Complaint tor CUstody has been fileel by the Petltloner, a copy ot which is attached hereto and incorporated hereln by reterence as Exhibit "A". 13. As indicated in the Complaint tor CUstody, Petitioner haa been the primary custodlan for the chl1dren since their birth. 14. Petitioner has been willinq to cooperate with Re.pondent and has attempted to aalntain so.e type ot relationship with the Respondent that woulel allow him to tollow a pattern ot periods ot temporary physical custody with the chilclzen which would be in the children's best interest. 15. Respondent has falled and retused to cooperate with the Petitioner in securinq an appropriate schedule tor periods of temporary physical custody ot the chlldren. 16. Petitloner believes and, theretore, avers that the Respondent will contlnue ta remove the children trom their home, at hi. whim, without any prior notitication ar contact vith the Petitioner, which will be to the children's detriment. 'A01. ICWUD GtJ'l'SHALL, J'1t., . IN TK! COURT or COMMON 'LEAS 0' . Ptaintitt/Oetendant : CUMB!R~~D COUNTY. PlNNS'tLVAIIIA v. CIVIL ACTION - UN . . SlID'lL LINN GUTSHALL. : 1.996~l307 CIVIL T'ERM cefandAnt/Plain~~tt . IN CUSTODY . OR~n 01' eot1R'1' AHtl NOW, , upon consideration ot the attached co.plaint, it is hereby dir.c~.d that the parties and their'respective counael appear betore the c:onc::J.U.ator, at , on the day of 1996 at ... , tor a P'c'e-Bqr1nq CI.Istocly Conference. At such conterence, an .CCort w1ll be ..de to resolve the issue. in dispu~e; or 1t this C&nIlOt " accoapliahed, to define and narrow th. is.ue. to !Ie !Mud by t!M c:cnu:t, and to enter into a taparazy order. All cblldzan age five or oleler ..y also be present at the conterance. rauue to appear at the conlerence _y provide 9%'ouncla tor entry ot a tuporary or permanent: order. FOR TH! COl1R'1', By: CUstody Conciliator 100 SROOLD TAD THIS PAPa TO YOUR UWYER AT ONCI. IJ' . 100 DO NOT UVW A LAIfYD OR CANlIOT UPOJU) on, GO TO OR TZLZPBONll TBJI OI'?ICJI Sft lOR'1'B UI.CW ~ FI1ft) ClO'l' WB:!RJl 10U CAN GIT tIGAL HELP. OI'?ICJI or 'rBIl c:omt'1' AOKDfISTJl.\TOR CUaberland County Courthouse Pourth rloor C.rlisle, PA 17013 (717) HO-6200 Exhibit "All PAUL EDWARO CUTSHALL.. JR.. Pl4ineitt/Oetendane IN THE COURT OF COMMON pt.Z.,\S OF CL~BERLAND COL~T~. PENNS~Lv~~IA v. CIVIL ACTION - tAW SHERYL LINN GL~SHALL. : 1996-1307 CIVIL TE~~ o.fen4ant/Plaintitt IN CUSTOD~ COMPtA!~ FOR CUSTOOY 1. The Plaintitt herein is Sheryl Linn Gutshall, the Oetendant ln the aDove captloned divorce action, and an adult individual currently resldinq at 348 Hilltop Road, Newburq, CUmberland County, Pennsylvania. ~. The Detendant herein is Paul Edward Gutshall, tbe Plaintltt ln the above captioned divorce action, and an adult individual currently residinq at 107 Carlisle Road. CUmberland cou~ty, Pennsylvania. 3. The Plaintitt is the natural mother ot the c:hilclren, Paul Edward Gutshall, III, born Auqust 21, 1985, Kyler Willi... Gutsball, horn June 2-4, 1987, Jodi r.iM Gutshall, horn June ~8, 1989: The children were not horn out ot wedlocx. POI' the past tive years, the children have resided with the tOllovlnq persons at the tollowinq addresses tor the ~ollovin9 periods of ttae. . .~. &m: ADDRESS 348 Hilltop Road, Newburq, PA DA'l'R Sheryl L. GutShall Paul !. Gutshall, Jr:. Prior to Mar. 1991 - Fe!:l. 1996 Sheryl L. Gutshall 348 Hilltop Road Newburg, PA Feb. 1996 to Present The naeural ~otner ot en. cnildren is sneryl L, Guesn411. who reside. .s .toresaid. She is ~.rried. The natural father of ehe children is 9aul E. Gutshall. Jr., Who re.iel.. as atoruaid. He i. 114rriecS. .. The relaeianship ot the Plaintitt to the children is that of natural mother. The Plaineift currently resides ~i~~ the children. 5. Tbe relationship ot the Defendant to the c:bildren 1s that ot ~tur.l father. The Detendant currently reside. done. 6. Plaintitf has not partlcipated as a party or witn..s, or in any other capacity in other litiqation, concerninq custody ot the children. 7. Plaintitt ba. no intonaation of a concern1nq the c:hilcSren pencHnq in any Coaaonvealth. .. The best interest and peraanent welfare ot the children "ill be served ~y qrantinq the reUet requested because: (a) Mother l1as been the pri:llary cuseodian of the children since their b1rt.h; (b) rather ba. vacated the toau _rial residenc:e by his choice and aovacl into a one bedroom apartment, which does ~ provide sutticient room to accommodate exeendecS periods of tiae with the children or appropriate sleepinq arranq..ents tor the children; c:uatody CoU%1: proce-" I ~ of th1. eC) 'ather ba. taxen actian. includinq introducinq the ch11el~en to hls q1~ltriend 1mae41ately a~ter separatlon, ~h1cb ls no~ in the best eaot10nal and mental interest ot the chilcSzen; and (el) Kottler has and will continue to proviele the prtaary car., custody and control tor the Children. 9. Plaintiff doe. not know at any p4non no~ a p&rty ~o the pl'OC..~I"9. vho clalaa to bave custody or vi.it<ltion riqhta with nq .~ ~o tIWl cbUdnD. 1II:DDOU, .1a1DtUf racpeau your Booorable C:OuR to ~ a t!M &ad place fo~ a beariDq at vtUcb tiaa Plain~itf ~u tile cove p-en~ be&" pda")" physical c:wI1:ocly ot the dL11Qen. a-pec:ttu1ly eub&J.t~. c:JUJ'J'IZ , U1'''('T11'1S f ., for Plaintiff North 8&nOVer Str_1: carlisle, PennsylVania 17013 (717) HJ-5551 I VERIfY THAT TB! STA~~S MADE IN THE FOREGOING C:OIIPI..UJI'f AU 'rRtI'Z AHD C:OlUllCl'. I tnfOUSTAHD THAT FALSE STATEKZJl'l'S InWwnI ~ AU SUlJl:C'r TO '1'HB PZNAL1'IU or 18 PA.C.S. S.CTION Uo.t RBLA'l'IJIG TO tnfSlfClIIH rAI..UnCAnON TO AtlTHORITIES. DAn: 3./J~J'J1e ~"'I&d.f2kIL SHERY LINN GOTSHALL --... ...... '"7-- " i ~'" "" '-Jj (' '..\.i .)0 ',", '- :)- ,~~ it it ~ 'J '" -;z .'} '" "- le, \J . '>...;,) ,...; -- ...... ~~ s~ UI . III .. ~I . ~ ~ '" i?5 ill ..0 '" .. J-l .... U ~ .. '" ill!:: .~ ,~ rn jUlO i .~~ :J 0 .. ~~ .:,.. o Ul < CJ UI .. - U1;,e Q. ,~ ~ UI '1- ~ 0( .. - . . " .. . w ~~~g ~.... <tl < ~ I ~ .... ~. . l7~ l7e: ctl z % ~ - :r II ~ 1I:r .. ::I .. .. ;j J-l o .. - Ul II II !fu> ~i .... III i: II... 0'" . ~ o II Z II ~b Ul l&. <zll . ~ ~ "1~ > l&. 8 - :r R~ it .. u .... C) >~CJ :ja. ~ ...."'2: if CJ........ . , . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PAUL EDWARD GUTSHALL, JR., Plaintitt/Detendant SHERYL LINN GUTSHALL, eetendant/Plaintitt 1996-1307 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintitt herein is Sheryl Linn Gutshall, the Oetenelant in the above captioned dlvorce action, and an adult individual currently residinq at 348 Hilltop Road, Newburq, CUmberland County, Pennsylvania. 2. The Defendant herein is Paul Edward Gutshall, the Plalntitt in the above captioned divorce action, and an adult individual currently residing at 107 Carlisle Road, Cumberland cou~t.y, Pennsylvania. 3. The Plaintitt is the natural mother ot the children, Paul Edward Gutshall, III, born Auqust 21, 1985, Kyler William Gutshall, born June 24, 1987, Jodi Linn Gutshall, born June 28, 19891 The children were nat born out of wedlock. For the past tive years, the children have resided with the tollowlnq persons at the tollowlnq addresses tor the tOllowinq periods of tlme. &lm ADDRESS 348 Hilltop Road, Newburq, PA 12AU Sheryl L. Gutshall Paul E. Gutshall, Jr. prlor to Mar. 1991 - Feb. 1996 Sheryl L. Gutshall 348 Hilltop Road Newburg, PA Feb. 1996 to Present The natural mother or the chlldren is Sheryl L. Gutshall, who reside. as arore.aid. She is married. The natural rather or the children is Paul E. Gutshall, Jr., who reside. as aroresaid. He is marrled. 4. The relationship ot the Plaintitt to the children is that ot natural mother. The Plaintlrf currently resldes with ~he chlldren. 5. The relationship of the Oetendant to the children ls that ot na~ural father. The Derendant currently resides alone. 6. Plaintitt has not participated as a par~y or witness, or in any other capacity in other litiqation, concerninq custody of the children. 7. Plaintitt has no intormation ot a concerning the children pending in any Commanwealth. 8. The best interest and permanen~ welfare ot ~he children will be served by qranting the reliet requested bflcause: (a) Mother has been the primary custodian of the children since their birth; (b) Father has vacated the former marital residence by his cholce and moved into a one bedroom apartment, which does not provide sutticient room to accommodate extended perlods or ti.. with the children or approprlate sleeping arrangements tor the children; custody Court proceedinq of this PAUL J:DWAltD GUTSHALL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintitf/Oetendant . CUMBERLAND COUNTY, PENNSYLVANIA . . . VB. . CIVIL ACTION - LAW . . . SHERYL LYNN GUTSHALL, . 1996-1307 CIVIL TERM . Defendant/Plaintiff . IN CUSTODY . CIRTI.ICATI O~ SIRVICI I, Bradley L. Griffie, Esquire, hereby certlty that I dld, the 8th day ot April, 1996, cause a true and correct copy of a Complalnt tor custody to be served upon the Oetendant by servlnq hi. attorney ot record by tirst class mail, postaqe prepald, at the tollowinq addre.s: H. Anthony Adams, Esquire 128 East ginq Street Shlppensburq, PA 17257 DATE: 'f /~jc;G. , re Sworn and subscribed to before me this J1 tiI day ot April, 1996. ~. ~ i . (;1~& t,' .< t.'<J1. a JI ) NOT '1 FUB C , Notarial Seal Robin J, Gotham, Notary PublIc Carllale Boro. Cumbtlrland County My CommiSSion elpirt:li A~riI17. 1~99 H/\'j' PAUL EDWARD GUTSHALL, JR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. : CIVIL ACTION - LAW . . SHERYL LINN GUTSHALL, : NO. 96-1307 CIVIL TERM Defendant . . . CIVIL ACTION - CUSTODY . COURT ORDER Cf AND NOW, this C('" day of ~ A Y . 1996, the Conciliator being advised that the parties in the above case have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilr , Esquire Custody Conci iator or::: H. Anthony Adams, Esquire Bradley L. Griffie, Esquire ~ 5/11//4'- ~ ., .\ .:~ -,in ~6 i:U :.g :::i . "i1 -- '..J ~ ". ~~ ~~ . i~~~ . ~ I en ~ ~I .... ~ ~i ... ~ <( ~ ~ ~ 0 ~~I~ - J: ~ 1ft F U j Ij) ~ ).<il: o .0 ~f::1 II) ~ W ~ ~ ~ ~lli ~~ o Ij) <( en 1l 3 <( '" z .. ~ ~u t:)o c( : P '" - . ;gg~ ! UJ ~ . w . ~ B~ ctl p:~' ~ :I ~ ~ - z .. ... z z . ' ~ = ~ ~7gj ~ .... ~ ~ ~ Ij) . - ~ . o ~ :>\Qu ~ LI. <( z 11 z .. ~ut1~~ ~ '" !!: 8 .. ~ ... 0:: .. - z Po. E-< u UJ C) . ~~ ~ . 0""9 - T 11 - l;1 - 1 .~ ~ ~ PAUL EDWARD GUTSHALL, .JR., Plaintitt v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERYL LINN GUTSHALL, Defendant 1996-1J07 CIVIL TERM IN CUSTODY ORDER or COURT AND NOW, this :2 .7 ~I day ot /; -, -,et J'- 1996, the .I -...- , attached stipulatlon anel Aqreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, //,,/1 lit J. PAUL EDWARD GUTSHALL. JR. . I IN THE COURT 0' COMMON PLlAS 0' PlaintHt CUMBIERLAHD COUNTY, PENNSYLVANIA v. I CIVIL ACTION - LAW I 3HD.YL LINN GUTSHALL, I 1996-1307 CIVIL TERM Detendant I IN CUSTODY CUSTODY STIPULATION AND ACR~!M~NT THIS AGREEK!HT AND STIPULATION ent.red into the day and y.ar her.inatt.r s.t torth, by and betw.en Sh.ryl Llnn GutShall, (her.inatt.r r.ferr.d to as "Mother") and Paul Edv.rel Outshall, Jr., (bereinatt.r r.terr.e1 to as "'ather"l. WHEREAS, the parti.s ar. the natural par.nt. ot Payl Edward Gutshall, III, born Auqust ~1, 19'5, Kyl.r Wl111a. Outsh.ll, born Jun. 34, 1987, .nd Jodi Linn Cutahall, born June ~', 1989 (hereinatter the "children"), and 1nImlEA5, the part1as .r. pr...ntly separ.ted and 11Yl~ in s.parat. r.sld.nces' and WHEREAS, the partl.s wl.h to ant.r Into .n .qr....nt relative to custody anel p.rtial custody of the Children, and NOW, THERE'ORZ, in conalderation ot the mutual oov.n.nts, pro.ises and .qr....nt..s her.inatter set torth, the parties ~qr.. as tollowsl 1. The parties shall hav. aha red l.qal custody ot the childr.n. ~. Mother ahall have primary physical custody ot the children. 3. Father shall have periods of temporary or partial physical custady at the children on the following schedule: (a) On alternating weekends, beginning at 5:00 p.m. on Frlday evening untll 6:00 p.m. on Sunday evening, beglnninq with the weekend of May 3 - 5, 1996 and alternating thereafter; eb) On the Thursday evening preceding the weekend when Father does not have physical custody of the children and on the Tuesday evenlnq tollowing the weekend when Father does not have physical custody ot the chl1dren. Father will have the chlldren trom the end ot their school day until 7:30 p.m.; and (c) At other times as the parties may aqree. 4. Durinq the summer vacation periud, each parent shall have the opportunity to have physical custody ot the children tor two one-week periods. These two one-week periads shall not be consecutive unless otherwise agreed upon by the parties. Father must notlty Mother by May 1 ot each year as to the two veeks he wishes to have the children with him each summer and Mother must natlty Father by May 15 ot each year as to her twa weeks ot vacatian when she vishes to have the children. The parties will not be vorkinq and wll1 be available to spend their time with the children tor each of these two weeks when they have the children tor summer vacatlan. 5. During the Christmas holiday season, the parties aqre. i'j that they wll1 dlvide the perlod of time when the children are oft trom school and divlde the Christmas day so as to equivalently share the time with the children on Christmas day and durinq the Christmas school break, '. -.-- .-. " 6. The partl.s aqr.. that th.y will equlval.ntly shar. the Thanksqivinq school break as well, lncludinq each parent havlnq an .quivalent period ot time on Thanksqivinq day and each parent havinq additlonal days when the childr.n are ott trom school durinq the Thanksqivinq echool br.ak perlod. 7. The parti.s shall shar8 physical custody ot the children at ti.es to b. aqr..d upon by the partie. on the tOllowinq holidays: New Year's Day, laster Sunday, M.morial Day, 4th ot July, and Labor Day. a. Th. childr.n shall alvay. be vith rather tor Pather'. Day and shall .lw.y. be with Moth.r on MOth.r'. Day ~or the period trom 9100 .... until lIDO p... . !II." 9. Th. p.rti.. will k..p ..ch other advised iaaediately rel.tiv. to any ...rqencLe. conc.rninq the children and shall turtb.r take any nece.sary st.ps to ineure that the health and veIl beinq o~ the children ie prot.ct.d. 10. N.lther par.nt sh.ll do anythlnq which may estranqe the childr.n tro. the oth.r party, or injure the opinion or the childr.n a. to the oth.r party, or which may hamper the tree and natural dev.lop..nt or the childr.n'. love or attection tor the oth.r party, 11~ Any aodirication or waiv.r of any ot the provlslona ot this Aqr....nt shall b. .tr.ctive only lt made in writinq and only it .x.cuted with the sam. formality as this stipulation and Aqr....nt. ;d .- , , (' , , "j " I l~l ~ (."" , C ~: r- c" <'l ., .. g 'II .. ill ) ~ . i:l . .. ~ :or. .. ~ " of, '" ~ :C ~ 5 :; -l lC >- '" 2 .. ..l '" ) " " .. d " ill III '" {oj :.J 0 .. ~ .. ~ .. ~ ,; .. 0 ..; . ~ :< 'fJ ~ ~ ~ l! .. .. . " PAUL IDWARD GOTSHALL, JR., : IN THE COUR'l' or C:OMMON PtEAS or P1aintiU . CUMB!1U.AND COl1N'T'Y, PENNSYLVANIA . : v. . CIVIL ACTION - LAW . . . SDJlYL LIlfH GOTSHALL, . 1996-1307 CIVIL TERM . Defendant : IN ctlSTODY ORDER 01' COURT AND NOW, this .1.1 1.( day ot ')I/"';J- , 1996, the a~~ached Stipulatlon and Aqr....nt is hereby ..de an Order ot Co~ and all prior Orders on this matter are hereby vacated. BY TID!l COURT, 1\/ -} I '.. .' , ~'I \. t (t( . ( , ./JIl to., ';) J. .' . ...,~l~ r:F.c,ORD . . . . I d j I. '" I fill 1311 , r -', PJ Ii' ',I .t, I \...,., .\' ~ I . . .. . c.. ..' . 'i (I f ') '1",\ 19 .11>.. 1.1:' :!~I..,,~.':.. dJ'/ 0 '-d'h "r '~'~"! I j. \' ( . ^' ~ '-C"'w--' .~l I I' .,........1............., ~.o... ~..~ 1 ..............~o; Prothonotary 2,1'\:~1' . PAUL EDWARD GUTSHALL, JR., Plalntitt IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA . . v. CIVIL ACTION - LAW SHERYL LINN GUTSfIALL, Defendant : 1996-1307 CrvIL TERM IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered lnto the day and year hereinatter set torth, by and between Sheryl Linn Gutshall, (hereinatter referred to as "Mother") and Paul Edward Gutshall, Jr., (hereinatter referred to as .'ather"). WHEREAS, the parties are the natural parents of Paul Edward Gutshall, III, born Auqust ~1, 1985, Kyler willi.. Gutshall, born June 24, 1987, and Jodi Linn Gutshall, born June ~8, 1989 (hereinafter the .cbll4ren"); and WHEREAS, the parties are presently separated and livinq in separate residences; and WHI!::REAS, the parties wlsh to enter lnto an aqre_ent relative to custody and partial custody of the children: and NOW, THEREFORE, in consideration ot the mutual covenants, proal.e. and aqre_ents as hereinatter set forth, the partie. agree as tollows: 1. The parties shall have shared legal custody ot the children. 2. Mother shall have prlmary physical custody ot the children. J. Father shall have periods ot temporary ar partlal physical custody ot the children on the tollawing schedule: Ca) On alternating weekends, beqinninq at 5:00 p.m. on Friday eveninq until 6:00 p.m. on Sunday evening, beqinninq with the weekend ot Hay J - 5, 1996 and alternating thereatter; (b) On the Thursday evening precedinq the weekend when Father does not have physlcal custody ot the chlldren and on the Tuesday eveninq tollowinq the weekend when Father does not have physical custody ot the children. Father will have the children trom the end ot their school day untl1 7:30 p.m.; and (c) At other times as the parties may aqree. 4. Durinq the summer vacation period, each parent shall have the apportunity to have physical custody ot the children tor tvo one-week perlods. These tvo one-week perlods shall not be consecutive unless otherwise agreed upon by the parties. Father aust notlty KotheI' by Kay 1 ot each year as to the two weeks he wishes to have the children wlth him each summer and KotheI' must notlty rather by Kay 13 ot each year as to her two weeks ot vacation when she wishes to have the children. The parties will not be vorkinq and will be available to spend their time with the chlldren tar each ot these two weeks when they have the children tor summer vacation. 5. During the Chrlstmas holiday season, the parties aqree that they will divide the perlod ot time when the chlldren are ott trom school and divide the Chrlstmas day so as to equivalently share the time with the children on Christmas da1 and during the Christmas school break. '. . -- .-.. " , 6. The parties aqree that they will equivalently share the Thanksqivinq school break as well, lncludinq each parent havinq an equivalent period ot time on Thanksqivinq day and each parent havinq additional days when the children are ott trom school durinq the Thanksqivinq school break period. 7. The parties shall share physical custody ot the children at tlmes to be aqreed upon by the partles on the tollovinq holidays: New Year's Day, Easter Sunday, Memorial Day, 4th of July, and I.a.bor Day. 8. The children shall alvays be with Pather Day and shall always be vith Mother on Mother'. period tram 9:00 .... until 6:00 p... . !llo,. 9. The parties will keep each other advised relative to any eaerqencies concerninq the children turther take any necessary steps to insure that the well b~inq ot the children is protected. 10. Neither parent shall do anythlnq whiCh may estranqe children trom the other party, or injure the opinion ot children as to the other party, or which may hamper the tree natural development ot the chlldren's love or atfection tor other party. 11~ Any moditication or waiver ot any ot the provisian. this Aqreement shall be etfective only it made in vritlnq only it executed with the same formality as this Stipulation Aqreement. tor Day rather's tor the 1mIIecliateJ.y and shall health and the the and the of and and . ' . l~. Th. parti.s d.sir. that this Stipulation and Aqr....nt be made an Or~.r ot Court to the Court at Common Pleas ot CUaber~and county, and turther ackno~ledge that the Court at Co_on Pleas ot CUmberland county does, in tact, have jurlsdlction ov.r the lssue ot custody ot the parti.s' minor chl1dr.n and shall r.tain such jurisdiction should circumstanc.s chanq. and .ither party d.sire or require modltlcation ot sald Order. ',' 13. Th. partie. aqree that in IIIAk1nq this Aqr....nt, there baa been no traucl, conc::.al.ent, overreachinlJ, coercion, or other unfair d.allnq on the part of the oth.r. 14. Th. partl.s acknovledq. that they have read and understand the provisions ot this Aqr....nt. Each party acknovladqe. that the Aqr.....nt is tail' and .quitabl. and that it ls not the result ot any dur.ss or undue influence. IN WITNESS WHEREOF, the parties hereto intendinq to b. laqally bound by the t.ras hereot, set torth their hands and seals the day and year hereln mentioned. WtTK!SS: ~~~&4~k rl ~,,~ Date:~5P (;;/~l V~ L'i1t~~ ~-hI!tZjl_ , SHERY~ GUTSHALL ca'., 0-;-1(, ~./,,~ 'PAUL EDWARD GUTSHALL, . SHERYL LINN GUTSHALL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO: 96-1307 CIVIL TERM :IN CUSTODY PAUL EDWARD GUTSHALL, JR., Plaintiff V Prior Judge: Harold E. Sheely, P.J. CONCILIATION CONFERENCE SVMMAI<Y REPORT , IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8{b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Paul Edward Gutshall, III, born August 21, 1985; Kyler William Gutshall, born June 24, 1987 and Jodi Linn Gutshall, born June 28, 1989. 2. A Conciliation Conference was held on September 5, 1997, with the following individuals in attendance: The Mother, Sheryl Linn Gutshall, with her counsel, Bradley L. Griffie, Esquire, and the Father, Paul Edward Gutshall, Jr., who appeared with his counsel, Samuel L. Andes, Esquire, via telephone conference. 3. The existing Order for May of 1996 provides the Mother with primary physical custody and the Father with periods of temporary custody on alternating weekends and at other times. The Father now petitions to have primary custody of the children transferred to him. He suggests that at least the older two boys want to come to live with their Father. Mother suggests that Father has not taken advantage of the existing custody time he has with the boys and he has not demonstrated a sincere concern for the children over the past year. The parties are unable to reach an agreement and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. 9j{&/91 TE '